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18 Jun 2021, 4:30 am
Justice Stephen Breyer wrote the majority opinion and was joined by Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, Brett Kavanaugh, Amy Coney Barrett, and Clarence Thomas. [read post]
17 Jun 2021, 9:01 pm
Justice Barrett concurred, joined by Kavanaugh and Breyer. [read post]
17 Jun 2021, 8:33 pm
–5/14/20 SCOTUS Expands Texas ACA Case Oral Argument—8/24/20 How Judge Barrett Ruled in the Texas ACA Case—10/2/20 The ACA's Legislative Findings Do Not Constitute an "Inseverability Clause"—10/3/20 Would Justice Barrett Be Required to Recuse in the Texas ACA Case? [read post]
17 Jun 2021, 6:00 pm
” In commentary, Friday’s edition of The Wall Street Journal will contain an editorial headlined “The ObamaCare Massacre That Wasn’t; So much for all those alarums about Justice Amy Coney Barrett. [read post]
17 Jun 2021, 4:18 pm
Kavanaugh and Barrett followed the Chief. [read post]
17 Jun 2021, 1:35 pm
SCOTUS decided, in a 6-3 decision authored by Justice Barrett, and joined by Justices Breyer, Sotomayor, Kagan, Gorsuch, and Kavanaugh, that the narrower reading is the correct one. [read post]
17 Jun 2021, 12:17 pm
A number of justices, including Justices Amy Coney Barrett, Samuel Alito, and Gorsuch, filed concurrences. [read post]
17 Jun 2021, 10:36 am
In a brief opinion by Justice Clarence Thomas that was joined in relevant part by Chief Justice John Roberts and by Justices Stephen Breyer, Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett, the court agreed with the companies and the federal government, which filed a “friend of the court” brief supporting the companies, that the plaintiffs were asking U.S. courts to apply the Alien Tort Statute outside the United States, where U.S. laws normally… [read post]
17 Jun 2021, 10:04 am
Barrett wrote a concurring opinion that Kavanaugh joined in full and Breyer joined except for the first paragraph. [read post]
17 Jun 2021, 8:51 am
He was joined by the other two liberal justices, Justices Sonia Sotomayor and Elena Kagan, as well as four conservatives: Chief Justice John Roberts and Justices Clarence Thomas, Brett Kavanaugh and Amy Coney Barrett. [read post]
17 Jun 2021, 8:36 am
Once properly narrowed, the City’s asserted interests are insufficient.Justice Barrett filed a concurring opinion, joined by Justice Kavanaugh and (except for one paragraph) by Justice Breyer, saying in part:In my view, the textual and structural arguments against Smith are more compelling. [read post]
17 Jun 2021, 8:11 am
But he agrees with Justices Barrett's and Kavanaugh's skepticism of categorical strict scrutiny here. [3.] [read post]
17 Jun 2021, 8:06 am
"In Parts I and II of the case, where Thomas has a majority — Roberts, Breyer, Sotomayor, Kagan, Gorsuch, Kavanaugh, and Barrett (all but Alito) — he writes: Respondents seek a judicially created cause of action to sue petitioners for aiding and abetting forced labor overseas. [read post]
17 Jun 2021, 7:26 am
., delivered the opinion of the Court, in which BREYER, SOTOMAYOR, KAGAN, KAVANAUGH, and BARRETT, JJ., joined. [read post]
17 Jun 2021, 7:21 am
., and THOMAS, SOTOMAYOR, KAGAN, KAVANAUGH, and BARRETT, JJ., joined. [read post]
17 Jun 2021, 7:05 am
I was not wrong, however, in claiming that Justice Barrett's confirmation would have no outcome on the case. [read post]
17 Jun 2021, 7:01 am
Justice Amy Coney Barrett issued a concurring opinion, in which Justice Kavanaugh joined in full and Justice Breyer joined except for its first paragraph. [read post]
16 Jun 2021, 1:21 pm
The Senate was able to confirm Justice Amy Coney Barrett in the fall of an election year, so he may conclude that a Summer 2024 confirmation would be no heavy lift. [read post]
15 Jun 2021, 10:43 am
" McConnell then noted that in the election year of 2020, when the Republican Senate quickly President Trump's nomination of Amy Coney Barrett, "We were of the same party as the president. [read post]
15 Jun 2021, 7:36 am
As the Seventh Circuit held last August, in an opinion by then Seventh Circuit Judge Amy Coney Barrett, this means that Illinois permits suits to enforce the public trust without a plaintiff's having suffered injury in fact, as is required by Article III for an action in federal court. [read post]
